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Breaking: Special Tribunal established To Prosecute Crime Of Aggression Against Ukraine
In a landmark move to ensure accountability for the ongoing conflict, the Council Of Europe and Ukraine have formalized an agreement to establish a special tribunal. This tribunal will prosecute Russian leaders for the Crime Of Aggression against Ukraine, marking a significant step in international law.
The Genesis Of The Special Tribunal
On Wednesday,Ukrainian President Volodymyr Zelensky and Council Of Europe Secretary General Alain Berset officially signed the agreement at the council’s headquarters in Strasbourg,France. This action follows Ukraine’s formal request on May 13, 2025, to create the tribunal, driven by a commitment to hold Russian authorities accountable for initiating the invasion.
The move is notably crucial given Russia’s expulsion from the Council Of Europe after its full-scale invasion of Ukraine in 2022.
Defining The Crime Of Aggression
The United Nations Charter defines a Crime Of Aggression as “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State.” This definition forms the bedrock for the tribunal’s mandate.
The special tribunal aims to address the legal gaps left by the International Criminal Court (ICC), which faces jurisdictional constraints in prosecuting the Crime Of Aggression within the context of the Ukraine conflict.
The Tribunal’s Mandate And Scope
The newly formed tribunal is expected to launch thorough investigations, gather critical evidence, and prepare formal indictments against top-tier Russian political and military figures deemed responsible for initiating the war.
Though, a significant hurdle remains: sitting Heads Of State, Heads Of Governments, and Foreign Ministers are generally shielded from prosecution while in office, due to immunity clauses.
this means individuals like Russian President Vladimir Putin, Prime Minister Mikhail Mishustin, and Foreign Minister Sergei Lavrov can only be prosecuted once they leave their positions, unless Russia itself lifts their immunity.
